5.e WCA 2020 Agreement for Technical Services
Staff Report
Date of Meeting: May 19, 2020
To: City Council
From: Brenda Eklund, City Clerk
Re: Washington Conservation District (WCD) Contract for Technical Assistance
Background:
Since 2013 the City has been contracting on an annual basis with WCD to provide technical services
related to the administration of the Wetland Conservation Act. From 2013 – 2016 the scope of work
was much more extensive due to the monitoring of the Tiller / Zavoral mine.
The proposed 2020 agreement mirrors the 2019 agreement, except the rate increased from $81 / hour
to $84 / hour.
The Washington Conservation District Board has approved the agreement.
Issue:
Should the City approve the 2020 contract with WCD for Wetland Conservation Act technical assistance
and administration?
Proposal:
A copy of the proposed contract is included in your packet.
Fiscal Impact: The estimated costs for the Wetland Conservation Act (WCA) duties are $2,800 for the
year. Most of the charges are offset by the escrow deposits for various projects.
Options:
1) Approve the contract as presented
2) Amend and then Approve the contract
3) Do not approve the contract
Recommendation:
Option 1.
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Contract Number: 20-01 SCANDIA
CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF
SCANDIA FOR TECHNICAL ASSISTANCE
2020 General Technical Services Program
A. PARTIES
This Agreement is made and entered into by Washington Conservation District, (WCD), and City
of Scandia (City).
B. PURPOSE
WHEREAS, the City has requested assistance from the WCD to implement the policies specified
in MINN. STAT. § 103A.206; and WHEREAS, the WCD is authorized to enter agreements to
provide such assistance pursuant to MINN. STAT. § 103C.331, SUBD. 3 and 7. NOW,
THEREFORE, the parties agree as follows:
C. TERM OF CONTRACT
The term of this agreement shall be from January 1, 2020 to December 31, 2020 unless
terminated earlier as provided herein.
D. SCOPE OF SERVICES
The WCD will perform all services and furnish and deliver work products generally described in
Exhibits A.
E. COST
In full consideration for services under this agreement, the WCD shall charge the City a fee for its
staff services and actual costs for project expenses in accordance with Exhibit A. Costs for
services for activities detailed in the attached Exhibits include:
Exhibit A: WCA LGU Support - $2,835
Any additional costs for special studies or capital projects must be set forth in a written
amendment to this Agreement.
F. BILLING PAYMENTS
WCD will bill the City for staff services and actual direct project expenses. For calendar year
2020, the services provided by the WCD hereunder shall be billed at a maximum rate of $84 per
hour. Invoices will be sent monthly and are payable by the City net 60 days.
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G. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS
During the performance of this Agreement, the WCD agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public
assistance, criminal record, creed or national origin, be excluded from full employment rights in,
be denied the benefits of, or be otherwise subjected to discrimination under any program, service,
or activity under the provisions of all applicable federal and state laws against discrimination
including the Civil Rights Act of 1964.
If during the term of this Agreement, it is discovered the WCD is not in compliance with the
applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then
the City through the office, may cancel said Agreement as provided by the cancellation clause of
this Agreement.
H. STANDARDS
The WCD shall comply with all applicable Federal and State statutes and regulations as well as
local ordinances now in effect or hereafter adopted.
Failure to meet the requirements of the above may be cause for cancellation of this contract
effective the date of receipt of the Notice of Cancellation.
I. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purpose in the
course of the WCD’s performance of the Agreement is governed by the Minnesota Government
Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes
and state rules adopted to implement the Act, as well as state statutes and federal regulations on
data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may
be amended.
J. AUDITS, REPORTS, AND MONITORING PROCEDURES
The WCD will:
1. Maintain records that reflect all revenues, cost incurred and services provided in the
performance of the Agreement.
2. Agree that the City, County, the State Auditor, or legislative authority, or any of their
duly authorized representatives at any time during normal business hours, and as often as
they may deem reasonably necessary, shall have access to the rights to examine audit,
excerpt, and transcribe any books, documents, papers, records, etc., and accounting
procedures and practices of the WCD which are relevant to the contract.
K. INDEMNITY
The WCD and the City mutually agree, to the fullest extent permitted by law, to indemnify and
hold each other harmless for any and all damages, liability or cost (including reasonable
attorneys’ fees and costs of defense) arising from their own negligent acts, errors or omissions in
the performance of their services under this agreement, to the extent each party is responsible for
such damages and losses on a comparative basis of fault. Parties agree to provide proof of
contractual liability insurance upon request.
L. INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto or as
constituting the WCD as the agent, representative, or employee of the City for any purpose or in
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any manner whatsoever. The WCD is to be and shall remain an independent contractor with
respect to all services performed under this Agreement.
The WCD represents that it has, or will secure at its own expense, all personnel required in
performing services under this Agreement. Any and all personnel of the WCD or other person,
while engaged in the performance of any work or services required by the WCD under this
Agreement, shall have no contractual relationship with the City and shall not be considered
employees of the City.
M. MODIFICATIONS
Any material alteration or variation shall be reduced to writing as an amendment and signed by
the parties. Any alterations, modification, or variations deemed not to be material by agreement
of the WCD and the City shall not require written approval.
N. MERGER
It is understood and agreed that the entire agreement of the parties is contained here and that this
contract supersedes oral agreements and negotiations between the parties relating to this subject
matter. All items referred to in this contract are incorporated or attached and deemed to be part of
the contract.
O. TERMINATION
Either the WCD or the City may terminate this Agreement with or without cause by giving the
other party thirty (30) days written notice prior to the effective date of such termination. If the
City terminates this Agreement without cause, it shall pay to the WCD for services performed up
to the date of termination.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
APPROVED:
CITY WCD
BY: _______________________________ BY: ________________________________
Mayor Date Board Chair Date
BY: _______________________________ BY: ________________________________
Clerk Date WCD Manager Date
5-14-20
5-13-20 JR
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EXHIBIT A
2020 SCOPE OF SERVICES FOR THE CITY OF SCANDIA
TECHNICAL SERVICES AGREEMENT
BETWEEN THE WASHINGTON CONSERVATION DISTRICT (WCD) AND
CITY OF SCANDIA (City)
At the request of the City the WCD shall furnish the following services under the terms of the
AGREEMENT.
Local Government Unit (LGU) administration of Wetland Conservation Act (WCA)
TASK 1. Technical assistance
The WCD will review wetland related applications as per Mn Rule 8420 (e.g. no loss, exemption,
boundary/type, replacement plan, sequencing, banking) and review monitoring reports for
authorized wetland impacts and mitigation areas.
•Estimate: 6 hrs/application x 2 applications = 12 hours
TASK 2. Administrative assistance
The WCD will process wetland related applications, following the LGU procedures described in
the WCA. This includes mailing of application notices, consolidation of public comments,
preparation of TEP reports, preparation of Findings of Facts, and mailing of decision notices. The
WCD will make the decision on applications on behalf of the City, consult the City, or defer the
final decision to the City Council, as per City of Scandia Resolution No. 04-20-10-05. Appeal of
decisions made by the WCD on the City’s behalf will be directed to the City Council.
•Estimate: 10 hrs/application x 2 applications = 20 hours
TASK 3. Miscellaneous Services
The WCD will provide other services, related to wetland permitting or monitoring, at the request
of the City. Examples include supplemental construction monitoring, education programs, or pre-
application review of City-sponsored projects.
•Estimate: 2 hrs/year
LGU – WCA administration Summary
Estimated 2020 Total: 34 hours @ $84/hour = $2,835
The costs associated with the review of additional applications are not included in this scope and would
be billed on an hourly basis at the rate provided above.